(영문) 전주지방법원 2018.11.30 2017나2246 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2018.11.30 2017나2246

기타(금전)

Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the legitimacy of the instant lawsuit

A. The summary of the plaintiff's assertion 1) The plaintiff's assertion is a subordinate to the plaintiff's species A, which is comprised of the descendants of OC 29 years of age B, and the network C is responsible for the representative of the plaintiff's clan from March 1990 to August 2009. The network C embezzled a total of KRW 35,447,200 while managing the money owned by the plaintiff during the above period and embezzled a total of KRW 35,47,200, so the defendants who are the deceased's heir are liable to pay the amount as stated in the plaintiff's claim to the plaintiff. (2) The lawsuit of this case is unlawful since P was filed on behalf of the plaintiff without being appointed as the representative of the plaintiff by due process, and there was no legitimate resolution of the plaintiff's general meeting concerning the plaintiff's filing of the lawsuit of this case.

B. Determination 1) The provisions of Article 265 of the Civil Act concerning the preservation of collective property cannot be applied to the preservation of collective property. Barring any special circumstance, a resolution of the general meeting of members pursuant to Article 276(1) of the Civil Act is required, barring special circumstances, in a case where a clan, which is an association that is not a juristic person, files a lawsuit as an act of preserving collective property, it shall undergo a resolution of the general meeting of a clan unless there are special circumstances (see Supreme Court Decision 2009Da83650, Feb. 11, 2010). In holding the general meeting of a clan, barring special circumstances, the scope of the members of the clan, which is the subject of notification for convening the general meeting, shall be determined by the family council, and each person shall be given an opportunity to participate in the meeting, discussion, and resolution by the general meeting of members of the clan, which is held without a notification for convening a certain clan.

On the other hand, after the Supreme Court en banc Decision 2002Da1178 Decided July 21, 2005, the co-help has been the descendants of the co-help.

참조조문

-민법 제265조

-민법 제276조 제1항

유사 판례

-대구지방법원 2015.02.06 2014나6358

-수원지방법원 평택지원 2018.09.19 2017가합10420

-대구지방법원 2014.09.05 2014나3878

-창원지방법원마산지원 2014.12.18 2014가단9789

-대구지방법원 2018.07.04 2017가단21180